Texas law banning common abortion procedure goes before 5th Circuit Court of Appeals

Equipment in a clinical room is shown in the Whole Women's Health of San Antonio.

Equipment in a clinical room is shown in the Whole Women's Health of San Antonio.

Photo: TOM REEL, STAFF / SAN ANTONIO EXPRESS-NEWS

Photo: TOM REEL, STAFF / SAN ANTONIO EXPRESS-NEWS

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Equipment in a clinical room is shown in the Whole Women's Health of San Antonio.

Equipment in a clinical room is shown in the Whole Women's Health of San Antonio.

Photo: TOM REEL, STAFF / SAN ANTONIO EXPRESS-NEWS

Texas law banning common abortion procedure goes before 5th Circuit Court of Appeals

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AUSTIN -- The 5th Circuit Court of Appeals will hear a Texas case challenging the constitutionality of a common second-trimester abortion procedure in New Orleans today in what could be one of the first major abortion cases to reach the U.S. Supreme Court since the appointment of Justice Brett Kavanaugh.

Texas lawmakers outlawed the dilation and evacuation procedure in 2017, banning physicians from the using medical equipment to completely remove live fetal tissue from the uterus. The Center for Reproductive Rights and Planned Parenthood then sued, convincing a federal judge the procedure is the safest and most common method of ending a pregnancy after 15 weeks. U.S. District Judge Lee Yeakelstruck down the Texas law, ruling the ban creates an unconstitutional burden to accessing abortion.

The procedure was performed 4,386 times in 2015 in Texas, according to the latest data from the Department of State health Services. Attorneys for the state refer to the procedure as a “dismemberment abortion,” and describe it as gruesome, inhumane and barbaric as they argue that it is the state’s responsibility to protect unborn life.

The court will hear oral arguments on an appeal brought by the state. Pending the decision by the circuit court, the case could be appealed to the U.S. Supreme Court. Abortion advocates are concerned the composition of the court, which now includes two of President Donald Trump’s appointees, could lead to an erosion of abortion protections decided in Roe v. Wade. Advocates for the law who oppose abortion are also looking to test the high court in hopes of overturning the landmark legal decision.